United States District Court, Western District of New York
DECISION AND ORDER
HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT COURT.
The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 6, 2015, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 14), recommending that the defendant’s motion for judgment on the pleadings (Dkt. No. 10) should be denied. Magistrate Judge Foschio further recommended that the plaintiff’s motion (Dkt. No. 11) should be denied as to judgment on the pleadings but should be granted as to the request for remand.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Foschio’s Report and Recommendation, the defendant’s motion for judgment on the pleadings is denied, the plaintiff’s motion for judgment on the pleadings is denied, and the plaintiff’s alternative request for remand is granted.
The Clerk of Court shall take all steps necessary to ...